Tuesday 9 November 2010

Discrimination against immigrant worker in general- international perspectives

When I was doing research on Labour Law, it is not surprising that I have came across a lot of articles and news online that draws my attention to it. One of it is the discrimination against the immigrant worker, not only in Malaysia(as stated in my previous entry),but it seems to me like it is generally in the whole world. Therefore, I am compiling few of the sources I have got online and discuss this issue in the international perspective generally.
In 2009, Human Rights Watch researchers documented how stringent entry and return policies in several countries led to brutal treatment, detention, and even death of migrants. For example, Italy returned African migrants traveling by boat to Libya where they are often subjected to physical abuse and detention in unsanitary conditions. Countries such as Malaysia and Greece often failed to screen migrants adequately for asylum-seekers. Unaccompanied children in France were treated more like criminals than children and detained or returned to unsafe conditions.
Entry policies often discriminate against migrants on the basis of their HIV-status, denying them entry or mandating immediate deportation, often without access to life-saving treatment or health care in accordance with global commitments. Migrants without valid immigration status or who face persecution from employers, locals, or government authorities often suffer limited access to health care and clinics, as in South Africa. Those in detention even in rich countries such as the United States may be forced to go without basic health treatment readily available in the community.
Many migrants leave their homes in search of work. Immigration and labor policies often restrict the rights of these workers. For example, poor oversight over labor brokers means that many migrants are deceived about the terms of work and may become heavily indebted after paying recruitment fees. Many governments link workers' visas to their employers, giving the employer the power to cancel a worker's permit and cause their deportation or to refuse workers' requests to transfer employment. This inordinate power often permits employers to confiscate passports, withhold salaries, and demand excessive work hours with impunity.
National and local policies play a critical role in enabling better human development outcomes for both those who choose to move in order to improve their circumstances, and those forced to relocate due to conflict, environmental degradation, or other reasons. Host country restrictions can raise both the costs and the risks of migration. Similarly, negative outcomes can arise at the country levels where basic civic rights, like voting, schooling and health care are denied to those who have moved across provincial lines to work and live. 


References from several journals:


(1) http://www.ilo.org/public/english/protection/migrant/download/imp/imp67.pdf
(2)http://www.migrationinformation.org/Feature/display.cfm?id=291
Raychelle, CM Tan

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